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Judge: Warrantless Cellphone Tracking Unconstitutional

PRIVACY LAW—U.S.

November 18, 2011

The Wall Street Journal reports that U.S. District Court Judge Lynn N. Hughes has declared it unconstitutional for the government to obtain cellphone records without a warrant. Hughes wrote, "The records would show the date, time, called number and location of the telephone when the call was made...These data are constitutionally protected from this intrusion." The ruling comes a week after the Supreme Court heard oral arguments about a case involving the surveillance of an individual by using a GPS tracking device without a warrant. The article reviews a number of recent court rulings involving warrantless searches. (Registration may be required to access this story.)
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